The Massachusetts Supreme Judicial Court held that the nonperformance of a promise is not sufficient grounds to show deception as a basis for the crime of larceny by false pretenses. In Commonwealth v. McCauliff, the defendant had assured the complainant that he would pay back a loan after he sold a property he owned in Fitchburg, MA. Even though the defendant made "seemingly deceptive statements and evasive actions" such as writing a check from an account that had been closed after promising the complainant that the sale of the property was imminent, the SJC held that the Commonwealth did not prove all elements of the crime of larceny by false pretenses beyond a reasonable doubt. The SJC reasoned that a mere nonperformance of a promise did not show deception: in this case, there may have been a buyer ready to purchase the property but the sale later fell through. The SJC opined: "Conflicting inferences of equal likelihood do not provide proof beyond a reasonable doubt."
Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.
